§ 21-1134. Bus lane monitoring system
West's Annotated Code of MarylandTransportationEffective: October 1, 2022
Effective: October 1, 2022
MD Code, Transportation, § 21-1134
§ 21-1134. Bus lane monitoring system
(c)(1) Baltimore City may use a bus lane monitoring system that meets the requirements of this subsection to record the images of motor vehicles traveling in a bus lane.
(d)(1)(i) A bus lane monitoring system operator shall complete training by the manufacturer of the bus lane monitoring system in the procedures for setting up, testing, and operating the bus lane monitoring system.
(e)(1) A bus lane monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory.
(f)(1) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner or, in accordance with subsection (i)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a bus lane monitoring system during the commission of a violation.
(g)(1) Subject to the provisions of paragraphs (2) through (5) of this subsection, the Baltimore City Police Department or a contractor of the police department shall mail to the owner liable under subsection (f) of this section a citation that shall include:
(3)(i) Before mailing a citation to a motor vehicle rental company liable under subsection (f) of this section, the Baltimore City Police Department shall mail a notice to the motor vehicle rental company stating that a citation will be mailed to the motor vehicle rental company unless, within 45 days after receiving the notice, the motor vehicle rental company provides the Baltimore City Police Department with:
(h)(1)(i) A certificate alleging that a violation occurred, sworn to or affirmed by a Baltimore City police officer, based on inspection of a recorded image produced by a bus lane monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in any proceeding concerning the alleged violation without the presence or testimony of the bus lane monitoring system operator who performed the requirements under subsection (d) of this section.
(i)(1) The District Court may consider in defense of an alleged violation:
(2) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or in the possession of the owner at the time of the violation, the owner shall submit proof that a police report about the stolen motor vehicle or registration plates was filed in a timely manner.
(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the District Court of who was operating the vehicle at the time of the violation, including, at a minimum, the operator's name and current address.
(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in a citation described under subparagraph (i) of this paragraph may provide to the District Court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:
(5)(i) If the District Court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence under paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time of the violation, the clerk of the court shall provide to the Baltimore City Police Department a copy of any evidence substantiating who was operating the vehicle at the time of the violation.
(ii) On the receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, the Baltimore City Police Department may issue a new citation as provided in subsection (g) of this section to the person that the evidence indicates was operating the vehicle at the time of the violation.
(j) If the civil penalty is not paid and the violation is not contested, the Administration may refuse to register or reregister the motor vehicle.
(k) A violation for which a civil penalty is imposed under this section:
(l) In consultation with the Baltimore City Police Department, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, trials for violations, and the collection of civil penalties imposed under this section.
(m)(1) The Baltimore City Police Department or a contractor designated by the Baltimore City Police Department shall administer and process civil citations issued under this section in coordination with the District Court.
Credits
Added by Acts 2022, c. 468, § 1, eff. Oct. 1, 2022.
MD Code, Transportation, § 21-1134, MD TRANS § 21-1134
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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